Viser v. Rice

Citations

• 33 Tex. 139

Syllabus

<p>1. In those States where law and equity are blended and the remedy in each class of cases is sought in the same tribunal, it has been held that an equitable title will support the action ol ejectment. (Miller v. Alexander, 8 Texas, 43, cited by the court.)</p> <p>2. V., in 1852, received from D. H., as agent of his brother, J. H , a deed to certain town lots, in which deed a blank was left for the grantee'8 •name. V., being indebted to G., E. & Co- took tho deed to them and offered them the lots in payment at the price he bad given for them ; but they declined, and told him that his deed was defective and Jie had better get a conveyance direct from J. II. V. failed to do this, but got DII. to assure G., E. & Oo. that he had empowered V. to fill the blank with any name he chose. V. left the deed with G., E. & Co., telling I hem they could either take the lots themselves at the price or sell them for it to any one else. Two 3rears afterwards, G., E. & Co., concluding to take the lots themselves, filled the blaiik with the name of E., one of their firm, and then had the deed recorded ; but they gave no notice of this action to V., and passed nothing to his credit for some three years thereafter. About two years after the record of the deed, V. inquired of E. about the matter, and was told by him that he did not know what bad become of the deed ; hut V., finding the deed upon the record, was dissatisfied. Four years more elapsed, when V. took possession of the lots, and E. sued him in trespass to try title, and pending the suit pro. cured from J. H. a deed of confirmation of the deed fjrmerly made by D. H. as agent. Held, that the original deed could not operate as a conveyance of the legal title, but as between Y. and his grantor, it was evidence of a contract of sale; that the deed of confirmation to R. from J. H. conveyed no title, inasmuch as it only confirmed the equitable title previously conveyed to Y., and it cannot be allowed to prejudice Y. in this suit, be